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Section 38

Notice of information and opportunities to present evidence

of Countervailing and Anti-Dumping Duties Act 1993

ActIn forceProvision 52 of 65
Section 38
(1)

The Government shall provide a copy of the notice of the information that it requires form the Members and all interested parties whose product is the subject of an investigation under this Act to the Members and interested parties and shall give the Members and interested parties an opportunity within the period as may be

56 Laws of Malaysia ACT 504

prescribed to present in writing all evidence that they consider relevant in respect of the investigation.

(2)

As soon as an investigation has been initiated, the Government shall provide the full text of the written petition received under subsection 4(1) or 20(1), as the case may be, to the known exporters and the exporting Members and shall make it available, upon request, to the other interested parties involved, due regard being given to the protection of confidential information.

(3)

Subject to the requirement to protect confidential information, evidence presented in writing by any interested Member or interested party shall be made available immediately to the other interested

Members or interested parties involved in the investigation.

(4)

The Government shall, whenever practicable, provide timely opportunities for all interested Members and interested parties to see all information that is relevant to the presentation of their case provided that the information is not confidential and is used by the

Government in the investigation.